U.S. Supreme Court
United States v. Smith, 331 U.S. 469 (1947)
United States v. Smith
Argued March 11, 1947
Decided June 2, 1947
331 U.S. 469
1. After a judgment of conviction has been affirmed by the Circuit Court of Appeals (upon an appeal in which the district court's denial of a motion for a new trial was one of the errors assigned) and the defendant has begun service of the sentence, a federal district court is without power under Rule 33 of the Rules of Criminal Procedure to order a new trial sua sponte. Pp. 331 U. S. 471-477.
2. Where, in such circumstances, a district court has ordered a new trial, the Government is entitled to writs of mandamus and prohibition from the Circuit Court of Appeals requiring that the order be vacated. Pp. 331 U. S. 470, 331 U. S. 477.
156 F.2d 642 reversed.
The Circuit Court of Appeals denied a petition by the United States for writs of mandamus and prohibition directed to the District Court and the Judges thereof. 156 F.2d 642. This Court granted certiorari. 329 U.S. 703. Reversed, p. 331 U. S. 477. chanroblesvirtualawlibrary